Meeting held : 16 July 1998
Chair of Meeting: The President, Com. J. Whelan
LABOR COUNCIL MEETING MINUTES
MEETING HELD 16TH JULY, 1998 IN THE
TRADES HALL AUDITORIUM
AT 4 GOULBURN STREET, SYDNEY, AT 6.03 P.M
PRESENT:- M. Costa (Secretary), J. Robertson (Assistant Secretary), M.Lennon (Executive Officer).
The Secretary, Com. M. Costa, moved:-
"That the minutes as circulated be received."
Com. J. Merchant seconded.
CARRIED
The Secretary, Com. M. Costa, moved:-
"That the minutes as circulated be adopted."
Com. G. Donnelly seconded.
CARRIED
CREDENTIALS:-
For this evening's meeting:
From The Australian Services Union, New South Wales Clerical and Administrative Branch - appointing F. Hancock.
From Electrical Trades Union, NSW Branch - appointing N. Betts in place of W. Wooldridge.
From Textile Clothing & Footwear Union of Australia - appointing D. Tozer in place of B. Jenson.
APOLOGIES:
Apologies were received and accepted from: N. Steer, G. Gregory, S. Moait, B. Plain, G. Dwyer, M. McTigue, W. Wooldridge, S. McManus, J. O'Brien, M. Ellery, J. Piotrowski.
GUEST SPEAKER:
The President, Com. J. Whelan, advised that Ms Kit Costello, President of the California Nurses' Association, would be speaking to Council tonight and invited Com. Costello to address delegates.
Com. Costello spoke on the inspirational efforts of the Maritime Union of Australia's dispute on trade unions in America. She indicated that the struggle around the issues was monitored closely by all United States trade unions as they watched the Australian trade union movement take on the might of the Federal Government and Patricks Stevedores.
Com. Costello congratulated all unions, and especially the Maritime Union of Australia, on the successful outcome in their struggle. She further advised that the issues confronting the union movement in Australia were the same as those in the United States.
The Secretary, Com. M. Costa, thanked Com. Kit Costello for taking the time to address Council.
CARRIED BY ACCLAMATION
EXECUTIVE BUSINESS
CORRESPONDENCE
1. From the Board of Studies, New South Wales - advising that it had approved a revised structure and process for the development of Vocational Education and Training (VET) courses within the Higher School Certificate and stating that the following committee structure had been adopted:
- Board of Studies VET Advisory Committee
- Industry Curriculum Committee (in each approved industry area)
- Industry Project Team (in each approved industry area)
The Board of Studies invited the Labor Council to nominate a representative to become a member of the Board of Studies VET Advisory Committee and stated that the role of the Committee would be to:
- ensure that any curriculum framework documentation referred to it by Industry Curriculum Committees was consistent with Board policy;
- provide a means for sector endorsement of curriculum framework documentation prior to its submission to the Board; and
- refer curriculum and other documents relating to VET in the HSC to the Board for endorsement.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and referred to a meeting of Education Unions."
Com. P. Lee seconded.
CARRIED
2. From the Australian Services Union, New South Wales Clerical and Administrative Branch - advising Labor Council that the Union had endorsed the position adopted by the ACTU and the ALP in their opposition to the multilateral agreement on investment. The Union further advised that the International Federation of Commercial, Clerical, Professional and Technical Employees (FIET) also lent its full support to the campaign by the Trade Union Advisory Committee to the OECD to ensure that national governments recognised the need for the protection of core labour standards to be included in MAI agreements. The Union said that it was bringing this to Labor Council's attention with a view to keeping affiliates aware of the need to protect our core labour standards.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and circulated to all affiliates for their information."
Com. M. Want seconded.
CARRIED
3. From the Construction Forestry Mining & Energy Union, Construction & General Division - raising the fact that over the years the Labor Council and its affiliates had generally supported suggestions from the Union concerning the need for further industrial relations legislative reform. The Union requested that Labor Council's new leadership actively take up the suggestions and sought to have the changes implemented in the next State parliamentary session. The Union stated that it would like to see the key areas, which had already been approved by Labor Council, given priority, as follows:
- Adequate powers for the Industrial Relations Commission to set minimum rates and conditions for subcontractor workers;
- Adequate protection of accrued and termination entitlements for employees of companies that go into liquidation;
- Restriction or abolition of non-union applications to the IRC for unfair dismissals; and
- Prohibition of offsetting all-in hourly rate against entitlements.
The Union requested that Labor Council establish a committee to investigate the problems associated with labour hire agencies, as there had been an enormous growth over the past decade in employment through agencies rather than directly by the business. This had created a number of problems including the removal of unfair dismissal rights and difficulties in the provision of selected duties work for injured workers. The Union further requested that Labor Council come up with suggestions for legislative reform.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council convene a meeting of the Industrial Legislative Committee to consider the matters raised in the union's correspondence."
Com. D. Reiss seconded.
CARRIED
4. From the Commissioned Police Officers' Association of NSW - advising Labor Council that the Carr Labor Government, in 1997, had granted a 22% salary increase, over three years, to those Police who are members of the Police Association of NSW and stating that the Commissioned Police Officers' Association had, with no success, been attempting to gain the same salary justice. The Association sought the assistance of the Labor Council to gain an equal salary rise.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council offer its assistance to the Association in its campaign for wage justice."
Com. B. Hawkins seconded.
CARRIED
5. From the Public Transport Union, New South Wales Branch - raising concern that on 1st July, 1998, the Rail Services Authority had been corporatised and in accordance with the legislation, a Board had been appointed. The Union advised that the Minister had not yet called for nominations for the Employee Board Member, notwithstanding that the RSA Board had already held its first meeting. The Union requested the assistance of the Labor Council in representing this matter urgently, so that nominations can be called and the Employee Board Member be appointed.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council approach the Minister to ensure there is proper representation on the Board of RSA."
Com. N. Lewocki seconded.
CARRIED
6. From the New South Wales Nurses' Association - advising Labor Council that the Association was a member of the Public Health, Public Hospitals and Medicare Alliance. The Association said that the Alliance had been formed in March 1998 and was a coalition of consumer, nursing, medical and allied health groups, both state and nationally based, who share a common concern for the current public health, public hospitals and Medicare funding crisis. The Association further advised that the Alliance had representatives from the following organisations:
- NSW Nurses' Association
- Doctors Reform Society
- Combined Pensioners and Superannuants of NSW
- Council on the Ageing Australia
- Allied Health Alliance
- Australian Council of Social Service
- NSW Council of Social Service
- Australian Pensioners & Superannuants Federation.
The Association attached a Statement of Principles issued by the Alliance for the information of Council and stated that the Alliance aimed to campaign in defence of the maintenance and enhancement of a strong and viable universal public health system up until the next federal election.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council circulate the Statement of Principles for the information of affiliates."
Com. A. Lillicrap seconded.
CARRIED
7. From the Attorney General and Minister for Industrial Relations, The Hon. J. Shaw, QC, MLC - seeking nominations of persons for appointment as Employee Representatives on the Workers Compensation Advisory Council of New South Wales. The Minister advised that the principal functions of the Advisory Council were as follows:
- to be responsible for the formulation of recommendations to the Minister with respect to the objectives and policy directions of the workers compensation legislation and the occupational health and safety legislation;
- to be responsible for the formulation of recommendations to the Minister with respect to the amendment or replacement of any such legislation;
- to monitor and report to the Minister on the operation and effectiveness of any such legislation, and on the performance of the schemes to which any such legislation relates;
- industrial relations reform. The to undertake consultation in connection with current or proposed legislation relating to any such scheme as it thinks fit;
- to report its views about any proposed legislation that might impact on any such scheme to the Minister or the proponent of the proposed legislation;
- to monitor and review key indicators of financial viability and other aspects of any such schemes; and
- to advise the Minister on any matter relating to any such legislation or any such scheme that the Minister refers to the Advisory Council for advice.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council nominate Mary Yaager, Occupational Health, Safety & Workers' Compensation Co-ordinator, Labor Council of New South Wales; Ian West, Secretary, Australian Liquor, Hospitality & Miscellaneous Workers Union; Andrew Ferguson, Secretary, Construction, Forestry, Mining and Energy Union; Sandra Moait, Secretary, New South Wales Nurses' Association; and Steve Hutchins, Secretary, Transport Workers' Union of Australia."
Com. L. Darnley seconded.
CARRIED
8. From the Australian Council of Trade Unions - advising that it was proposing to lodge a submission with the ILO concerning the deficiencies of the Federal Workplace Relations Act in providing basic workers rights assured by Conventions 87 and 98. The ACTU said that if the Labor Council was unable to draft a submission for its jurisdiction but would like the ACTU to address certain concerns, it was willing to incorporate any complaints that the Labor Council may have, with respect to alleged legislative non-compliance with Conventions 87 and 98, within their submission to the ILO.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and referred to a meeting of unions to consider the development of a submission."
Com. B. Tubner seconded.
CARRIED
9. From the Public Service Association of New South Wales - advising that the Association had obtained a copy of the Business Council of Australia's (BCA) submission to the Federal Government on Industrial Relations reform. The Association advised that the BCA submission contained proposals that came under the Competition Principles Agreement - one of the Council of Australian Government's instruments for implementing National Competition Policy reforms. The submission identified activities of the AIRC that were potentially contestable. This included the proposal to introduce the use of private mediators in dispute resolution. Other contestable areas identified were:
- agreement certification process;
- any other service delivery functions which 'do not tangibly impinge upon the independence of the Commission should be contestable';
- 'in the event of further referrals of power to the Commonwealth by the States' industrial relations powers, the Commonwealth should not itself deliver any additional services until such time as the market has been contested with any other alternative State public (and where appropriate, private) providers'.
The Association advised that it was extremely concerned by these developments and the lopsided consultation with stakeholders thus far evidenced by the Federal Coalition Government. The Association requested that Labor Council convene a meeting of affiliates to consider the issues raised by the National Competition Council Review and the submission of the Business Council of Australia to the Federal Government.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and the meeting requested be convened."
Com. R. Smith seconded.
CARRIED
10. From the NSW Health Department - attaching for Labor Council's comment a copy of the final draft of the "Policy and Guidelines for the Development of Protected Disclosures Policies in Health Services". The Department advised that the draft document was intended for use by chief executive officers and human resource personnel to assist in the development of protected disclosures policies in Health Services.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and circulated to Health Unions for their information and comment and to other affiliates for their information."
Com. M. Want seconded.
CARRIED
REPORTS:
1. MEETING OF ALL AFFILIATES REGARDING THE HON. JEFF SHAW, QC, MLC
The Secretary, Com. M. Costa, reported to Council on the outcome of an all affiliates meeting held today at 9.00am. He advised that the meeting was attended by approximately 100 affiliates of the Council where a resolution, in the following terms, was endorsed unanimously:
New South Wales Labor Council affiliates express their unanimous support for New South Wales Attorney General and Minister for Industrial Relations The Hon. Jeff Shaw, QC, MLC.
We believe that he has always acted in the interests of New South Wales workers and the broader community.
As a result, New South Wales has the best possible industrial relations legislation in Australia for the protection of workers. This includes a strong and independent commission and a comprehensive award system providing fair minimum working standards and conditions. This system was introduced with consultation and by consensus.
In addition, Jeff has played a positive and balanced role in relation to a number of recent major disputes including the waterfront, the mining industry and the transport industry.
In the light of his significant achievements, we express our concern over recent developments which place in jeopardy his continued role as Industrial Relations Minister.
We therefore call on the Australian Labor Party, as a matter of urgency, to take the necessary and appropriate steps to ensure that he is guaranteed an ongoing role on the Labor Front Bench in the New South Wales Parliament.
We believe that such an outcome is important, not only for the union movement, but in the interests of the community as a whole.
The Secretary, Com. M. Costa, moved:
"That the report be received."
Com. A. Peters seconded.
CARRIED UNANIMOUSLY
The Secretary, Com. M. Costa, moved:
"That the report be adopted."
Com. D. Reiss seconded.
CARRIED UNANIMOUSLY
ANNOUNCEMENT:
The Secretary, Com. M. Costa, advised affiliates of the Seniors Economic Forum which was to be held at 10.30am, Tuesday, 21st July, 1998, in the Ground Floor Auditorium, 187 Thomas Street, Haymarket. He advised Council that issues such as the GST, the sale of Telstra and aged care issues would be addressed at the Conference.
Com. Costa encouraged those delegates interested to attend.
COUNCIL ADJOURNED AT 6.25PM
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